The purpose of this document is to help individuals understand copyright and fair use in the classroom. It addresses library and educational fair use as well as fair use exceptions made for research and scholarly work.

Providing guidance in understanding copyright supports the information literacy needs of our community. One of the information literacy standards of the Association for College and Research Libraries states that “an information literate individual is able to … understand the economic, legal, and social issues surrounding the use of information, and access and use information ethically and legally (ACRL, 2010, para. 2).

Copyright Defined

“Congress shall have the power to . . . promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”

Educational Uses of Copyrighted Materials

There are several sections in Copyright Law that pertain specifically to educational use of copyrighted materials. The section that is familiar to most is Fair Use; Section 107 of Copyright Law. However, that is not the only section to be aware of. Section 110 pertains to limitations on certain exclusive rights so that performances and displays of certain materials may be made in the classroom. Section 110(2) pertains to using materials in distance education, aka, the TEACH Act.

There are also Educational Guidelines that were developed by publishers and others to create easily measurable methods for spontaneous use of materials in the classroom.

Thinking Through Fair UseThis tool from the University of Minnesota is based upon the Fair Use Checklist below, but includes room for making notes about your analysis. Once the form is complete, you can email a copy to yourself for your records.

Fair Use ChecklistFrom Columbia University, this site explains the benefits of doing a fair use analysis and how to maintain records of such analyses. It has many examples and explanations of how to apply fair use depending upon the type of materials being used and the expected use of them. A two-page checklist is provided for actual use. The checklist was developed by Kenneth Crews, a well-known and respected copyright expert.

Tutorials

These tutorials have been created to assist in learning about copyright and making copyright decisions.